By Ousman Saidykhan
The Gambia’s Supreme Court commenced the hearing into an Election Petition filed by the United Democratic Party (UDP) on Friday 17th December 2021. In reaction to the Petition, the lawyers of the first respondent, President Adama Barrow, moved a motion for the court to dismiss the petition on grounds that President Barrow enjoys constitutional immunity as the sitting President.
The lawyer for the petitioner, Borry S. Touray, argued that they were served with a motion on notice, filed on behalf of the first respondent (President Barrow). Lawyer Touray noted that they have filed an “ex-pate application”, to which Chief Justice, Hassan B Jallow said: “it is not with us”.
The lawyers for the first respondent which included Sherriff Marie Tambedu, Christopher Mene and others noted that they were served with the amended petition together with the order of the court, saying they wanted to advise themselves on the ex-pate order.
Lawyer Tambedu, representing President Barrow, submitted that “rule 22 of the Election requires that every application of that petition must be on noticed, particularly on amendments.”
It is important to note that initially, the UDP’s petition only included President Adama Barrow, but later included the Independent Electoral Commission (IEC) who are now the second respondent in the case.
The second respondent’s (IEC), was represented by lawyers Kebba Sanyang and Malick H.B Jallow who requested for the court to give them more time to file their response, adding that they intended to raise preliminary objections.
Lawyer Sanyang argued that they were not served with the motion filed by the first respondent but were still ready to be served in court.
Both the lawyers of the UDP and IEC were given a deadline of 22nd December 2021 to submit their responses to the motion.
Lawyer Tambedu requested that the court allows for both the motion and the petition to be heard together, but Chief Justice Jallow declined his request.
The case was adjourned to Tuesday 21st December 2021 at 10 am.
Meanwhile, Chief Justice Jallow advised all parties to work together to ensure the hearing of the case is expeditious. Justice Jallow invited all parties for a status conference in his Chambers on Monday 20th December at 1 pm to discuss the timeline for the case.